Guidance

Special and wasted preparation

The Criminal Cases Unit is responsible for the assessing all special preparation claims under the litigator graduated fee scheme and advocates graduated fee scheme.

What are special preparation claims?

Special preparation claims are for work which falls outside the graduated fee schemes. In the case of litigators this would mean pages of prosecution evidence (PPE) served in excess of the 10,000 000 (Representation Order Pre-1st December 2017) or 6,000 (Representation Order on or after 1st December 2017) page graduated fee cap and electronic evidence.

For advocates this would also mean PPE served in excess of the 10,000 page cap and electronic evidence. It would also mean where additional work has arisen from very unusual or novel legal/factual issues.

The Criminal Cases Unit is responsible for assessing all advocates special preparation claims under the advocates graduated fee scheme, and litigator’s claims for special preparation under the litigators graduated fee scheme where the PPE is 10,000 pages or above or where special preparation is being claimed under the electronic evidence criterion

The Litigator Graduated Fee team is responsible for assessing litigator special preparation claims where the PPE is between 6,000 and 9,999 pages.

The 2007 Criminal Defence Service Funding Order are the Regulations that cover special preparation claims with a representation up to the 31st March 2013.

The 2013 Criminal Legal Aid Remuneration Regulations cover special preparation claims post 1 April 2013.

What are wasted preparation claims?

The Criminal Cases Unit (CCU) is responsible for the assessing all wasted preparation claims under the advocates graduated fee scheme.

Advocates can claim wasted preparation if they are prevented from representing a client at trial and the circumstances meet the criteria set out in Regulations.

The 2007 Criminal Defence Service Funding Order are the Regulations that cover wasted preparation claims with a representation up to the 31st March 2013.

The 2013 Criminal Legal Aid Remuneration Regulations cover wasted preparation claims post 1 April 2013.

How do I claim special/wasted preparation?

All new claims for special/wasted preparation should be submitted alongside the graduated fee scheme claim to the Litigator or Advocates Graduated Fee Team in Nottingham. Litigators should use the LF1 SP form while advocates should use the AF1 SP form.

For details of how to claim a graduated fee scheme or contact the graduated fee teams.

For criminal cases unit special wasted preparation claims only - if you are required to provide further information, wish to request a redetermination of the original decision, or require written reasons prior to cost appeal solely in relation to special preparation and not any other element of the graduated fee assessment then you may do so direct to CCU. However, if there are outstanding issues also in relation to the graduated fee all requests must be submitted to the graduated fee teams in Nottingham.

You should not split your requests.

What are the processing targets?

New claims will be assessed so that if a special preparation fee is to be paid than it will be received by the provider within 20 working days following the receipt by CCU of the initial special preparation claim.

Claims where further information is being submitted, and requests for redetermination or written reasons will be assessed in working 20 days.

To contact the Criminal Cases Unit regarding special preparation

Email: specialpreparation@legalaid.gsi.gov.uk

Phone (Liverpool): 0151 235 6924

For details of how to claim a graduated fee scheme or contact the graduated fee teams.

Published 16 February 2017